- “Data” includes both Non-Personal Information and Personally Identifiable Information.
- “Non-Personal Information” is any information that is not Personally Identifiable Information (defined below). Non-Personal Information includes, without limitation, Personally Identifiable Information that has been anonymized.
- “Personal Information,” “Personally Identifiable Information” or “PII” is non-public information we receive from your use of the Site that can be used, alone or in combination with other information in our possession, to identify a particular person/individual. It may include information such as name, address, telephone number and other personal information you provide us.
- “Site” refers to the website at https://pathos.com and https://pathos.ai, including any related blogs, domains, mobile sites, online services and applications maintained by Pathos.
- “Pathos” “we,” “us” and “our” mean Pathos AI, Inc.
- “You” and “your” mean the individual or entity visiting or using the Site.
2. INFORMATION COLLECTED AND CONSENT
You do not have to provide any Personally Identifiable Information to browse the publicly available pages of the Site; however, in order to obtain or use products or services that are or may be provided through the Site or that we may otherwise offer online or offline (collectively, the “Services”) you may be required to register and/or provide Personally Identifiable Information.
Personal Information You Provide Us
We may collect PII from you in a variety of ways, including, but not limited to, when you visit the Site, communicate with us through the Site, provide PII in connection with other activities, products, services, features or resources we make available on the Site or through any services we may offer or events we may participate in online or offline, or through third parties that we conduct business with or through. We may collect your name, mailing address, billing address, phone number, email address, preferences, interests and preferences. We may also collect additional information from you depending on the nature of the transaction.
We collect information from you when you (i) fill out forms or fields on the Site or offline, (ii) complete an application for a product or service available through the Site (iii) communicate with us by email, mail, text, telephone, facsimile or other electronic means, or (iv) provide us with Personal Information or other information directly or through a third party.
We will treat as personal information any item that, either alone or together with other information, we could use to identify an individual. Except as described below, we will not share with third parties any personal information without your permission.
We may also collect your Personal Information from sources that you have authorized to share with us or that you have authorized us to obtain information from.
We collect information about you from third parties related to transactions you are contemplating entering into with us or that you have entered into with us.
If you believe we received your personal information from a source without authority to share your personal information with us, please contact us so that we can resolve your complaint.
Information We Automatically Collect
Pathos may collect information about you automatically when you visit the Site, communicate through the site, or use any of our online Services. We may automatically receive certain information from your browser or mobile device, such as your browser type, the operating system of your device, the URL of the site from which you came and the URL of the site you visit when leaving the Site or any of our online Services, the equipment you use to access the Site, the unique identifier of your mobile device and your activities on the Site, such as the webpages you view and how you interact with those webpages. We may also receive your IP address and the name of your internet service provider (“ISP”) or your mobile carrier. Depending on your device’s settings, we may also receive location data and other types of information sent from third party services or GPS-enabled devices.
3. Web Browser Cookies
To help us optimize the Site or for marketing purposes, we may allow other authorized third parties to place or recognize unique cookies on your browser. Any information provided to third parties through cookies will be for enhancing your user experience by providing more relevant marketing. Third party services and tools we use, which may send cookies to users of the Site and may collect information from users, includes:
You can opt-out of receiving personalized ads from advertisers and ad networks that are members of the Network Advertising Initiative (“NAI”) or who follow the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising using their respective opt-out tools. The NAI’s opt-out tool can be found here http://www.networkadvertising.org/choices/ and the DAA’s opt out tool can be found here http://www.aboutads.info/choices/.
In addition, your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for online behavioral advertising (for example, Apple iOS’ Advertising ID and Google Android’s Advertising ID). Please note that opting out does not prevent the display of all advertisements to you.
4. Embedded Pixels
We may use on the Site embedded pixel technologies on selected pages for the purposes of identifying unique user visits to the Site as opposed to aggregate hits. In addition, embedded pixels or other technologies may be used in emails to provide information on when the email was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with your email address.
5. Flash Cookies
We may use flash cookies, also known as “local shared objects”, on the Site that employs flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site’s settings to personalize the look and feel of the site. Like normal cookies, flash cookies are represented as small files on your computer.
6. Embedded URLs
We also use a tracking technique that employs embedded URLs to allow use of the Site without cookies. Embedded URLs allow limited information to follow you as you navigate the Site but is not associated with your Personal Information and is not used beyond the session.
8. HOW WE USE AND SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION
We will use your personal information to provide the Services that your personal information was shared with us to fulfill. Pathos may use personal information for the following purposes:
- To improve customer service: Your information helps us to more effectively communicate with inquiries and existing customers, and to respond to your customer service requests and support needs.
- To personalize user experience: We may use information in the aggregate to understand how our users as a group use the Services and resources provided on the Site.
- To improve the Site: We continually strive to improve our Site and the Services based on the information and feedback we receive from you.
- To provide products or services and to process transactions: Pathos will use and share Data for the purpose of fulfilling our duties and providing the Services. We may use and share the information that you provide about yourself or that you have provided to our clients for the purpose of providing and fulfilling the Services. In addition to the purposes set forth in this paragraph, we share this information with outside parties that are necessary to provide the Services; this may include, without limitation, our service providers, lenders and third-party brokers. Pathos may use Non-Personal Information for statistical analysis, product development, research, or other purposes.
- To send periodic mail, emails and surveys: The email address you provide for the Services may also be used to send you information, newsletters, surveys and updates pertaining to the Services requested, provided or that we think you may be interested in. It may also be used to respond to your inquiries and/or other requests or questions.
- Fulfillment of Obligations: Comply with contractual obligations, relevant industry standards and our policies.
- Sale of Personal Information: Pathos does not and will not sell your Personal Information to third parties.
- Security: Mitigate fraud, enhance the security of the Site and manage institutional risk.
9. CONSENT TO ELECTRONIC COMMUNICATIONS
We may use your email address to send you messages notifying you of important changes to the Services or offers we think you may be interested in. Further, we may contact you by telephone if you provide us with your telephone number, in order to communicate with you regarding the Services we are providing to you. If you do not want to receive email messages or telephone calls, please contact us. Some communications related to ongoing transactions or the enforcement of terms you have agreed to related to the provision of Services may not be subject to your opting out of or choosing not to receive.
10. RETENTION AND STORAGE OF PERSONAL INFORMATION
We retain your Personal Information for as long as necessary to fulfill the purpose for which it was collected and to comply with applicable laws. We use reasonable security precautions to protect your information while in storage.
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and applicable legal requirements.
We will use commercially reasonable methods to keep your Personal Information securely in our files and systems.
12. DO NOT TRACK
Your browser may provide you with the option to send a “Do Not Track” signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Site is not programmed to recognize Do Not Track signals, so the Site will not treat you differently if we receive such signals from your browser and we may not comply with Do Not Track settings on your browser.
14. LINKS TO OTHER SITES
15. AGE OF CONSENT
Pathos takes special care to protect the privacy needs of children under the age of 13 and we encourage parents to be an active participant in their child’s online activities. Pathos abides by the Children’s Online Privacy Protection Act (COPPA) and other relevant laws. The Site does not target and is not intended for children under the age of 13, and Pathos will not knowingly collect Personal Information directly from them. If Pathos discovers that a child has provided personal data directly through the Site, Pathos will eliminate that data. This Site is only intended for persons 18 years of age or older. If you are under the age of 18, you must ask a parent or legal guardian for permission prior to submitting any information to this Site.
If you have knowledge that a child 13 years of age or younger has submitted Personally Identifiable Information to us, please contact us and we will delete the Personal Information collected belonging to that child. You may contact us via email or by writing to us at the address below. Parents and guardians can also email us at https://pathos.com/privacy, but before any information is disclosed, the parent will be required to provide verification of his/her identity and authority related to any request. We will only send the information to the parent email address in the registration file.
16. CAN-SPAM COMPLIANCE NOTICE
Pathos fully complies with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us.
17. CALIFORNIA PRIVACY RIGHTS
Under Section 1798.83 of the California Civil Code, residents of California can obtain certain information from companies with whom they have an established business relationship. That information is about the Personal Information those companies have shared with third parties for direct marketing purposes during the preceding calendar year. The law requires companies to inform consumers about the categories of Personal Information shared with third parties, the names and addresses of those third parties, and examples of the services or products marketed by those third parties. To request a copy of the information disclosure provided by Pathos under Section 1798.83 of the California Civil Code, please contact us via email to firstname.lastname@example.org.
18. CALIFORNIA CONSUMER PRIVACY ACT
We will not sell your personal information
Under the California Consumer Privacy Act (“CCPA”), a business that sells California residents’ personal information to others: 1) must give notice to California residents before selling their personal information to others; and 2) must provide the right to opt out of the sale of their personal information.
Pathos will not sell your Personal Information to third parties that offer products and services we think you may be interested in.
If you would like to opt out of our providing services that involve your Personal Information or if you do not want us to sell your Personal Information, please contact us at the address below and inform us that you would like to opt out of our processing your Personal Information or selling your Personal Information.
Your Rights Under the CCPA
Under the CCPA, California residents are granted the following rights:
- To know what personal information is being collected about them;
- To know whether their personal information is sold or disclosed and to whom;
- To say no to the sale of their personal information;
- To access their personal information;
- To have their personal information deleted; and
- To have the right to equal service and price, even if they exercise their privacy rights under this law.
When receiving a request, we will verify that the individual making the request is the resident to whom the personal information subject to the request pertains. California residents may exercise their rights themselves or may use an authorized agent to make requests to disclose certain information about the processing of their personal information or to delete personal information on their behalf. If you use an authorized agent to submit a request, we may require that you provide us additional information demonstrating that the agent is acting on your behalf.
Categories of Personal Information We Collect
We collect information as set forth above and may also collect information that identified you, your household or your device or is reasonably capable of being connected with or linked to you, your household or your device. “Personal information” does not include public information available from government records, de-identified or aggregated information.
How We Use Your Information
Requests to Know
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the prior 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- The business or commercial purpose for collecting or selling your Personal Information.
- The categories of third parties with whom we share your Personal Information.
- The specific pieces of Personal Information we have collected about you
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- In the case of a sale, the categories of Personal Information sold about you and the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each category of third parties; and
- In the case of disclosure for a business purpose, the categories of Personal Information that were sold or disclosed for a business purpose and if Personal Information has not been sold or disclosed for a business purpose, that we did not do so.
We are not required to (i) retain your Personal Information if collected for a single one-time transaction if, in the ordinary course of business, that information would not be retained and (2) re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a way that would be considered personal information.
Requests to Delete
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies, which we will disclose to you.
We are not required to grant your deletion request if retaining the Personal Information is necessary for us or our service providers to:
- Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impact existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest when the deletion of the public information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
- For solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
- Internally make otherwise lawful uses of your Personal Information that are compatible with the context in which you provided your Personal Information.
How to Submit a Request to Know or a Request to Delete
To request this information, please submit a verifiable consumer request to us by either:
- Emailing us at email@example.com and submit your request in the body of the email with the subject heading: “CCPA Consumer Request.”
- Mailing a request to Pathos at:
600 West Chicago Ave.
Chicago, IL 60654
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. We are not required to provide you with Personal Information more than twice in a 12-month period.
We will not be able to respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
We will try to respond to your request within forty-five (45) days of receipt of your written request. If we require more time (up to 90 days), we will inform you of the extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sharing with third parties. However, you may change your mind and opt back into personal information sharing with third parties at any time by emailing us at firstname.lastname@example.org.
We will only use Personal Information provided in an opt-out request to review and comply with the request. We will act upon your opt-out request within 15 days of receipt.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services, except to the extent that underwriting for a loan requires the disclosure of Personal Information that you have decided not to disclose or allow us to use for the purpose of a loan.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
19. YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your Personal Information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by email to email@example.com.
21. EUROPEAN UNION DISCLOSURE
Personal information voluntarily submitted to Pathos online, via electronic communication, or otherwise, may be maintained or accessed in servers or files in the United States of America, which the European Union has not deemed to provide “adequate” privacy protection. If you do not consent to having your information processed and stored in the United States of America, please do not provide it to Pathos. Pathos contends that the General Data Protection Regulation (EU) 2016/679 does not apply to its processing of personal information and that it is not within the jurisdiction of the EU. All processing of PII is governed by the applicable laws of the United States of America.
600 West Chicago Ave.
Chicago, IL 60654
Or email us at: